The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-08-04

AOUO01 H. 1000
the time for that is. woen these pleas
are put before the court.
The Court-You sllege II and swear
to itp
Gen. Wrisht-Oertainly we do, and
stand ready 10 prove IL. You ask me
what our proof would be. Taking,
Of course, with proper respect, DONE |
think II 10 Q proper question. / can
say this-just for the 60 lri's informa.
ton, can say that there are many
other means Of knowing bssides going |
10 the grand jury. / can cay another |
thing, that In my judgment "a q law.
yer, We have the right to call every
member Of the grand jury to testify
upon this point.
The Oourt-I doubt that very much. |
Gen. Wrlght-Of course, that Is
question that will come up at the
proper time.
Ths Oouri-I doubt II very much.
Gen. WTight-I have no doubt
about 1t myself, and l have author.
tiles.
The Court - As to wha,hsr the
grand jury has or has not sufficient
amount OF evidence u s,t,siy their
consciences and minds csuDot b, in
quired into by this court or any one
else.
Gen. Wright-O, no. M. D. not
put me In that position. Ny PROPOSE.
tion 10 this; that where q grand Juror,
In violation OF his oatn, has no oro)f
whatever before him, and finds trus
bill, that Is q matter to be inq uirsd
into.
The Court-Do you 10 to the ques.
ton Of pc jury?
Gem Wright-Na q, sir. mean as to
the sufficiency OF the indictment. In
other woids, here ia the propo sition;
that the grand jury can not indict at
all Of their own free will; that there
must be some proof. The qusntum
OF proof is, OF course, another ques.
ton, aud probably one thai eau not
be inquired into on motion to quash |;
but they must have legal proof before
them before they can find a bill OF in.
diciment.
This Oourt--I agree with you shout
that.
Gen. Wright-This plea is that thew
bad no proof whatever. / don't know
how that is myself. But / am In.
formed snch is the fact, and We stand
ready 10 verify it. 0i course II we
fall
Toe Court-Well. upon the ground
thai you lay in those two pleas
Gen. Wiixht-That Is demurrei 10.
THE INDICTMENT QuAsHKD.
The Oourt-I shall override the de
murTer. l will qussh there indict.
mems. l do not know that l have
the authority to do 90 upon my
own motion, bat / think / b ave.
III should fnd myself In error after.
ward, upon Investigation, I will mo,
elter the rlsr. But the court, npou
It's owe motion, at present, will quash
all indictments found at the last term
and reco mend them for investigs
ton. That 10 oil that you can ask
Grave irregularities are charged her,
10 the formation Of that jury, and the
court deems II proper, and In exac,
accordance with Its ideas Of Just and
fair dealing, to have every mar
brought before this court Tor tria
These questions must be invests atec
by the present grand Jury. agains
which l hope there cannot be on,
word OF condemnation, selected frou
the body Of the county strictly accord
Ing to Law. Let them say whethc
this defendant should be indicte,
upon these various charges.
Nov, / want TO say another thing
gentlemen. l see great deal In tn,
public pres 10 regard 10 the feelinl
aad prejudice OF this court towar,
the defendant, and the defe adant ha
embodied II In the plea which hs
como befoie this court charging tn
judge Of the court with rejudice, an,
with ahimosity, and hatred. Well,
the thing were not 90 absurd an,
ridiculous, II would be worthy OF aI
answer This court, In person, an,
Individually, nsver had q particle Q
pr JUDGE or hatred, or III will agains
, tina deiendsnt-usvef; never had an,
,, occasion for snch n thing. But slrici
ly In the performances OF my dat
here as judge / have endesvored 1
, bring IN offender TO the bar OF justics
You L me where l get my inf rm,
ton from. A man would have TO b
deal In this com unity, and be woul
have 10 be blind $50, II he did nc
form some opinion that there ha
been q violation OF the law OF Oh
Taxing District, and OF the State {
Tennessee by its chiei magistrate
I aud II 10 my sworn duly ~ Judge 3
bring the offender 10 trial, wien sue
, information has c,ms TO my after
ton. As an illustration, q mufd,
10 committed IN The upp,
portion OF this county,
!. any portion Of the county Of SHELBY
4 Tue law makes II nv duty 10 Issue m
= warrant for the fender, and bril-
, him TO trial Again, | may not pursr
;, that policy, but / may send for WI
nesses by the order OF this court, 90
send them before the grand jury
7 have tue patty indicted. That Ia n
= sworn duty, Wherever !, ~ jldge, b
lieve there has been an iniracIion
!, the Law II Ia my duty 10 sse that n
|, psrtyp conduct 10 investigated By
|. giabd jury Of the county. / hs,
!. simply doue my duty In that respe
!, 40 far a. this defendant Ia concerne
!" and nothing moro. II IL true the 90
roundings had made II extremely diff
cult 10 get al him. With the puol
= press al his back, with the communi
- "a la'se and intelligent portion OF Il
=. communlty-sus,aining his every 81
right or wrong, IL seemed 10 be q mi
\. ter OF impossinili,y for the Judge
10 the court 10 bring the offender q
/. PENDANT 10 trial. Bui have patisr
!, ly and psrsistcntly, within ths line
- my duty, charged my grand Jury,
y the grand Jury Of this court ( belle
"A u IL objec cd that II 10 not proper
" cay my grand jiry,' and 90 1 viii n
do II, out Of deisrencek Bat II seet
70 that / summon the grand jury-I Ct
10 ate II, and | rhape u, AID 10 md
~ my supervislon--and II II Ia not q
70 arand Jury II comes pretty near Il. y
will say "the grand j1ry Of Z
- county," which, In dei-reoce, perhaI
ctr city speaking, Ia correct.
m Nov, / want 10 say word, gent
OF men, In regard 10 the statements